Dembinski v. Thomas

BLACK, J.,

In this wrongful death and survival action, plaintiff has filed a motion in limine to preclude evidence of the decedent’s alleged heroin usage, some six years prior to his death. Plaintiff contends that this evidence is not relevant, and that even if relevant, its prejudicial effect outweighs whatever probative value it may have. For the reasons set forth below, we disagree with plaintiff’s contentions and find that this evidence is admissible.

FACTUAL BACKGROUND

The factual background of this case is set forth in detail in our opinion of June 23, 1999, denying the summary judgment…